Two firms have been prosecuted after a worker’s leg was broken when the brakes on his ride-on cleaning machine failed at Stansted airport.
Carl Marshall’s legs were trapped after he deliberately veered into a balustrade, to avoid hitting airport users, after the brakes on the scrubber-drier failed to respond as he rode down a passenger ramp. He returned to work after recovering from a broken right thigh, sprained right knee and two sprained ankles.
The incident, on 2 July 2013, was investigated by the Health and Safety Executive (HSE), which prosecuted Mr Marshall’s employer, ISS Facility Services Ltd, of Surrey, and maintenance contractor Michael Laryea, trading as Lamick Floor Machines, of Isleworth, Middlesex.
Chelmsford Magistrates’ Court heard on 10 February that once Mr Marshall realised the brakes had failed, he shouted for people to get out of the way and steered into the balustrade to slow the machine. Passengers stopped it moving further by leaning against it, then helped to free Mr Marshall’s legs.
The HSE investigation found the machine had a worn, ineffective and poorly maintained brake. A second machine was also found to have similar defects.
ISS Facility Services Limited of, Woking, Surrey, was fined £30,000 and ordered to pay £5,490 in costs after pleading guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974 and Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998.
Michael Laryea, trading as Lamick Floor Machines, of Isleworth, Middlesex was fined £10,000 and ordered to pay £5,490 in costs after pleading guilty to breaching section 3(1) of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE inspector Glyn Davies said: “Mr Marshall’s painful injuries could have been avoided had the ride-on scrubber drier machines been regularly checked in accordance with the manufacturer’s instructions and maintained in good repair.
“This has been an expensive lesson for both these businesses to learn; but employers should understand that serious breaches of health and safety law that put workers’ safety at risk are likely to result in similarly serious outcomes.”
All employers are legally required to protect the health, safety and welfare of employees, suppliers, customers, members of the public and others by assessing risks of injury or damage to health that could occur in the workplace and taking steps to manage and control these.
As well as keeping employees and others safe, investing in health and safety will protect businesses against the time and cost involved in putting right breaches of health and safety, the expense of a potential prosecution and the associated damage to business reputation.
For more information on our health and safety compliance services, please contact Lara Murray or for health and safety representation, please contact Jeremy Sirrell.